Appeal Against Conviction By Way Of Stated Case By Craig Melville Against Procurator Fiscal, Dundee

JurisdictionScotland
JudgeSheriff Principal C D Turnbull,Sheriff N McFadyen
Neutral Citation[2018] SAC (Crim) 14
Date11 September 2018
Docket NumberSAC/2018/000290/AP
CourtSheriff Appeal Court
Published date11 September 2018
SHERIFF APPEAL COURT
[2018] SAC (Crim) 14
SAC/2018/000290/AP
Sheriff Principal M W Lewis
Sheriff Principal C D Turnbull
Sheriff N McFadyen
OPINION OF THE COURT
delivered by SHERIFF PRINCIPAL LEWIS
in
APPEAL AGAINST CONVICTION BY WAY OF STATED CASE
by
CRAIG MELVILLE
Appellant
against
PROCURATOR FISCAL, DUNDEE
Respondent
Appellant: Ogg (sol adv); Paterson Bell Solicitors
Respondent: Borthwick; Crown Agent
11 September 2018
Introduction
[1] The appellant was charged with a breach of section 38(1) of the Criminal Justice and
Licensing (Scotland) Act 2010 by behaving in a threatening and abusive manner which was
likely to cause a reasonable person to suffer fear or alarm in that he sent a number of text
messages to the complainer that contained threatening, abusive and derogatory remarks
regarding Muslims. The offence was said to be aggravated by racial prejudice in terms of

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